Satyendra Sao @ Satendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52128 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -RAH District- NAWADA ====================================================== Satyendra Sao @ Satendra Saw S/o late Dhanpat Sao, R/o Vill.- Roh, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Roh P.S. Case No.35 of 2018 instituted for the offence under Section(s) 341, 323, 307, 379 & 504/34 Indian Penal Code.

Counsel for the petitioner submits that instant case is counter blast of Roh P.S. Case No.34 of 2018 lodged against the informant and his other associates by the daughter of the petitioner. It has further been submitted that on the date of occurrence informant and others entered into mill of the petitioner and tried to take away the daughter of the petitioner forcibly. Thereafter, she filed the aforesaid case. Instant case has been filed only to give pressure to compromise the aforesaid case.

Patna High Court Cr.Misc. No.52128 of 2018 (2) dt.29-08-2018 2/3 In this case, it is alleged that on the date of occurrence petitioner and other accused persons assaulted the informant. It is further alleged against the petitioner that he pushed down the informant on the ground and assaulted him with iron rod.

Injury report of the informant has been annexed as Annexure-3, which shows that only one injury was found on the head, which was simple in nature caused by hard and blunt substance.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Roh P.S. Case No.35 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Nawada, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and

Patna High Court Cr.Misc. No.52128 of 2018 (2) dt.29-08-2018 3/3 reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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